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HomeMy WebLinkAboutpc_06 21 2012sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JUNE 21, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: City Attorney: Debra Weldon III. Approval of the Minutes of the May 10, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JUNE 21, 2012 OLD BUSINESS: Item Number: File Number: Title: A. Z-8117-A 15924 Cantrell Road Short-form PD-O, located at 15924 Cantrell Road. B. Z-7131-C Vallon Long-form PD-R, located at 16509 Chenal Valley Drive. C. S-867-PPPPPPP Chenal Valley Phase 18G Revised Preliminary Plat, located on Chalamont Drive and Tournay Circle. D. Z-8762 Luer Short-form PCD, located at 3400 – 3418 Baseline Road and 8820 Mize Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1659-B Hagans’ 2nd Addition Preliminary Plat, located on the west side of Edswood Road approximately 600 feet south of Kanis Road. 2. S-83-E East Palisades Addition Replat Lot EF1 Block 1, located at 10 East Palisades Drive. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 3. Z-3143-D Riviera Maya Mexican restaurant Revised Short-form PCD, located at 801 Fair Park Boulevard. 4. Z-4336-KK 1021 Martin Luther King Drive Short-form PCD, located at 1021 Martin Luther King Drive. Agenda, Page Two II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 5. Z-6467-C Custom Auto Sales Short-form PCD, located at 5301 Mabelvale Pike. 6. Z-8208-A River Market Tower Revised Short-form PCD, located at Unit 102 River Market Tower. 7. Z-8236-A Akel Revised Short-form PCD, located at 8724 Colonel Glenn Road. 8. Z-8775 The Castle on Stagecoach Short-form PD-C, located at 6601 Stagecoach Road. III. OTHER ITEMS: Item Number: File Number: Title: 9. LA-0045 BFI Land Alteration Variance Request, located on Mabelvale Pike, South of Asher Avenue. June 21, 2012 ITEM NO.: A FILE NO.: Z-8117-A NAME: 15924 Cantrell Road Short-form PD-O LOCATION: Located at 15924 Cantrell Road DEVELOPER: David Trent 15800 Cantrell Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-O PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone the site from R-2, Single-family to Planned Development Office (PD-O) was withdrawn by the Little Rock Planning Commission at their January 18, 2007, public hearing. The request included the rezoning of the property to allow an appraisal company to locate on the site. The company had three employees and did not anticipate any growth in the company in the near future. The survey showed the property to be located within the floodway. Since the structure was in the floodway, according to City ordinance, the structure could only be improved up to 50% of the market value of the structure. A certified appraisal of the structure and estimate of the cost of the improvements prepared by a licensed contractor, professional engineer, or architect were required to determine value. The applicant did June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 2 not provided staff with the requested appraisal report. Staff had previously supported two applications in this area to allow the conversion of single-family structures into office uses but these structures were not located within the floodway. Due to the fact this site was located within the floodway, staff could not support the request for rezoning. Staff did not feel the City should rezone the site and add value to the structure by providing the site with a zoning classification of a value which was higher than single-family and in turn potentially have to purchase the property in the future. The applicant did not follow through with the request and the item was later withdrawn. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is now proposing to use the existing structure for a quiet office. A portion of the structure is located in the floodway. The applicant states the portion of the structure located in the floodway will be removed (430 square feet). The applicant proposes to add 730 square feet to the west side of the structure which is located outside the floodway. The front yard area will be reworked to allow two (2) parking spaces and a drive will be extended to the rear of the structure to place four (4) parking spaces for employees. Two (2) visitor spaces will be added on the east side of the drive as it extends to the rear yard. Hours of operation will be from 8 am to 6 pm Monday through Saturday. Upon completion of the demolition and addition to the structure a total office area of 1,530 square feet is proposed. The request includes an in-lieu contribution to meet the stormwater detention ordinance requirements. The proposed development is increasing the run-off by a small amount and the property sits adjacent to Taylor Loop Creek. B. EXISTING CONDITIONS: The site contains a single-family structure with a single drive from Cantrell Road. The property to the west is zoned PD-O and is used as an insurance agency. North of the site is a creek with a single-family subdivision located further to the north accessed from Tulley Cove, the eastern boundary of the property. Across Cantrell Road is Bella Rosa Commerce Center an office development wrapping mini-warehouse units. Southeast of the site is a POD zoned area containing number of office uses including a bank and mortgage company. A large portion of the site including the structure is located within the regulated floodway. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational requests from the Tulley Cove Neighborhood Association and area property owners. All property June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 3 owners located within 200-feet of the site along with the Westchester, Tulley Cove and Pinnacle Valley Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Right-of-way should be dedicated to the existing block wall. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 8. Per Chapter 36-341h(2)d, vehicle parking is not allowed in the floodway. 9. If the estimated cost of the proposed building addition, as estimated by a licensed contractor, is 50% or more of the appraised value of the existing structure, the finished floor elevation of the existing structure must be elevated to at least 1 foot above the base flood elevation. Provide the estimate of the building addition and the appraised value of the existing structure. 10. The finish floor elevation of the building addition must be elevated to 1 foot or more above the base flood elevation. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 4 11. A hard surface backup area must be provided on site for vehicles leaving the site. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: Entergy’s overhead service drop will required relocation prior to construction start. Contact 1-800-Entergy for new service location. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 5 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition (T) for this property. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas, which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The applicant has applied for a rezoning from R-2 (Single-Family) to PDO (Planned Development Office) to allow for the conversion of the existing structure for general/professional office use. The request is within the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or and easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: 1. The Highway 10 Overlay District requires a forty foot (40’) wide landscape strip along Highway 10. 2. The proposed land use buffer along the western perimeter abutting residential property is less than the 25-feet average width typically required by the Highway 10 Overlay District Ordinance. 3. The proposed land use buffer along the eastern perimeter abutting Tulley Cove is less than the 15-feet average width typically required by the Highway 10 Overlay District Ordinance. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 6 4. The zoning buffer ordinance typically requires an average street buffer of twelve feet (12’) along Cantrell Road. 5. The zoning buffer ordinance typically requires an average street buffer of nine foot (9’) along Tulley Cove Road. 6. The landscape ordinance requires a nine foot (9’) wide landscape perimeter around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 7. A screening fence is typically required between this property and the neighboring property; however, some of this area is located within a floodway area and thus fences are not allowed. Get with the Public Works Department regarding an alternative to fencing the required area(s). 8. An automatic irrigation system to water landscaped areas will be required. 9. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Joe White and Mr. David Trent were present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the request in need of addressing prior to the full Commission acting on the request. Staff stated the property was located within the Highway 10 Design Overlay District. Staff stated a portion of the property and a portion of the structure were located within the floodway. Staff questioned the days and hours of operation, the hours of dumpster service and the number of employees. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated the zoning ordinance did not allow for any portion of the building or parking within the floodway. Staff stated the finished floor elevation for any new construction was to be placed at least one foot above the minimum flood elevation. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 7 Landscaping comments were addressed. Staff stated the Highway 10 DOD required the placement of a 40-foot front yard landscape strip, a 25-foot side yard landscape strip on the western perimeter and a 15-foot landscape strip along Tulley Cove. Staff stated the Landscape Ordinance required the placement of a nine (9) foot landscape strip around the entirety of the sites perimeter. Staff stated the site plan as presented did not comply with the typical minimum standards of the Highway 10 DOD or the Landscape Ordinance. Staff stated a screening fence was typically required between this property and the neighboring property to the north. Staff stated fences were prohibited within the floodway area and suggested Mr. White contact Public Works staff to determine an appropriate alternative to fencing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the comments raised at the January 25, 2012, Subdivision Committee meeting. The applicant has provided the number of employees and the days and hours of operation. No dumpster is proposed for the site. The revised plan indicates removal of the portion of the structure located within the floodway. The site plan does include a driveway and parking in the rear yard which is located within the floodway. The request is to allow the existing structure as a general or professional office use. The hours of operation are proposed from 8 am to 6 pm Monday through Saturday. There four (4) to six (6) employees which will be using the site but not all will access the site on a daily basis. The applicant states a number of his employees work from home and need an area for meeting space with clients when the need arises. A portion of the structure is located within the floodway. This portion of the structure will be removed (430 square feet). The applicant proposes to add 730 square feet to the west side of the structure. Upon completion of the demolition and the addition the structure will contain a total area of 1,530 square feet. The new construction will be located 25.1 feet from the right of way on Cantrell Road and 9.2 feet from the western property line. The front yard area will be reworked to allow two (2) parking spaces. The site plan indicates a landscape strip of 6.75-feet within the front yard area. The existing carport will be removed and a drive will be extended to the rear of the structure with two (2) visitor spaces placed along side adjacent to Tulley Cove. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 8 The landscape strip in this area varies from 10.6-feet at Cantrell Road to 6.75-feet along the limits of the existing structure and increased to 9-feet adjacent to the rear parking area. The site plan also places four (4) parking spaces and a back up turnaround in the rear yard, within the floodway. The landscape strip on the western perimeter of the rear parking area is 9-feet. The northern perimeter is adjacent to the creek and appears to be 60-feet. Section 36-348 states property, due to topography, size, irregular shapes or other constraints, such as adjacent structures or features which significantly affect visibility and thus cannot be developed without violating the standards shall be reviewed through the planned development section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standard. Section 36-341(h)(2)(d) states floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. Exceptions may be granted when existing topography is at or above the existing one-hundred year flood level and when the velocity of flow is less than three (3) feet per second. Public Works is supportive of a variance to allow parking within the floodway since the use is an office use and no cars will remain on-site overnight. The property is located within the Highway 10 Design Overlay District. Section 36-343 defines the purpose and intent of the ordinance and subsequent sections outline the criteria for development and redevelopment of properties within the Overlay boundaries. The ordinance states there is to be a minimum lot size of two (2) acres, a front building setback of 100-feet, a rear building setback of 40-feet and a side yard setback of 30-feet. Landscaping is to include a 40-foot front yard landscape strip. The ordinance states when the developer can demonstrate that this is a hardship, a landscape strip area exclusive of right of way may consist of a minimum of twenty-five (25) feet. The rear and side yard landscape strips are to average a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right of way a fifteen (15) foot landscaped strip shall be required adjacent to land zoned, office or residential. A seven (7) foot landscaped strip shall be required when adjacent to lands zoned commercial. Section 36-346(f) identifies signage allowed within the Overlay district. The development would be allowed a ground mounted monument sign located within the front yard landscaped area not to exceed six (6) feet in height and seventy-two (72) square feet in area. Building signage is to comply with wall signage allowed in office zones or a maximum of ten (10) percent of the front June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 9 façade of the structure. The applicant has indicated the signage for the development will comply with the standards established by the Overlay district. The request includes an in-lieu contribution to meet the stormwater detention ordinance requirements. The applicant states the proposed development is increasing the run-off by a small amount and the property sits adjacent to Taylor Loop Creek. The applicant has indicated an in-lieu contribution of $1.00 per cubic foot would be provided to the City to be used to mitigate any down stream flooding or drainage problems. Section 29-103 defines alternatives to on-site detention and allows for in-lieu contributions for the required detention. Subsection 3 states the in-lieu fee contribution shall be based upon an amount of ten thousand dollars ($10,000.00) per acre-foot of stormwater storage. Staff is supportive of the request. Although there are specific development criteria for the Highway 10 Corridor the typical development standards are based on sites which have a land area much larger than this site. This site contains 0.35 acres and is an existing developed site. The applicant is proposing the renovation of the existing structure and the removal of the portion of the structure which is located within the floodway. There are two (2) new parking spaces located within the front yard which will be limited to visitor parking. The site plan indicates a dense evergreen screen will be placed along the Tulley Road frontage. Berming as required by the Highway 10 DOD will be provided along Cantrell Road and the landscaping within this area will be enhanced. Staff recommends the enhanced landscaping include a minimum of six (6) trees (four (4) trees are required) to be installed within the front yard area and shrubs planted with a minimum height of 36-inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the redevelopment of the site as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the landscape strips as proposed on the site plan. Staff recommends enhanced landscaping along Cantrell Road include a minimum of six (6) trees be installed within the front yard area and shrubs planted with a minimum height of 36-inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 10 Staff recommends approval of the applicant’s request for an in-lieu contribution of $1.00 per cubic foot be provided to used to mitigate any down stream flooding or drainage problems. Staff recommends approval of the variance request to allow the placement of the drive accessing the rear parking area and the placement of parking in the rear yard area which is located within the floodway. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 1, 2012, requesting a deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant submitted a request dated March 14, 2012, requesting a deferral of this item to the May 10, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 14, 2012, requesting a deferral of the item to the May 10, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 11 STAFF UPDATE: This application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. At the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. The applicant submitted a request dated April 27, 2012, requesting a deferral of this item to the June 21, 2012, public hearing. Item E General Policies Item #9 of the Little Rock Planning Commission By-laws with regard to deferrals state: 9. All deferral shall be governed by the following: a. No application which as been docketed for public hearing and advertised for such hearing shall be deferred except for cause and with a written request five working days prior to the public hearing from the applicant. b. No single request for deferral shall be granted for more than ninety consecutive days, except by unanimous vote of all members present. c. In no case shall more than two requests for deferral from an applicant be granted. d. A third deferral of any public hearing item shall require renotification of property owners as set forth in Article IV. Such a request by the applicant shall be his cost to renotify. A third deferral by the Commission or as required by staff shall cause the City to bear the cost. e. In the public hearing, the Planning Commission may by its motion or at the request of the applicant for cause defer an application. The length of the deferral shall be specified by the Commission in the motions. The applicant has stated the third deferral is necessary to continue to work with the area neighbors and City staff. Staff has met the applicant on site on two different occasions and discussed possible alternatives for redevelopment of the site. The applicant has also kept the Tulley Cove Property Owners Association up to date on the proposal and possible alternatives for the site development. Staff is supportive of the deferral request subject to the applicant renotifying as set forth in Article IV, via certified mail. June 21, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 12 PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. Staff stated at the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. Staff stated the applicant had submitted a request dated April 27, 2012, requesting a deferral of the item to the June 21, 2012, public hearing. Staff stated a third deferral of the item would require the Planning Commission waive their By-laws to allow the deferral. Staff stated the applicant would be required to renotify property owners within 200-feet via certified mail of the new date and time of the public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver with regard to the number of deferral requests. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JUNE 21, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the landscape strips as proposed on the site plan. Staff presented a recommendation the development provide enhanced landscaping along Cantrell Road to include a minimum of six (6) trees to be installed within the front yard area and shrubs planted with a minimum height of 36-inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. Staff presented a recommendation of approval of the applicant’s request for an in-lieu contribution for stormwater detention based on $1.00 per cubic foot which would be used by the City to mitigate any down stream flooding or drainage problems. Staff presented a recommendation of approval of the variance request to allow the placement of the drive accessing the rear parking area and the placement of parking in the rear yard area which is located within the floodway. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: B FILE NO.: Z-7131-C NAME: Vallon Long-form PD-R LOCATION: Located at 16509 Chenal Valley Drive DEVELOPER: The View at Emerald Pointe LLC 10 Bernay Drive Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 5.296 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Existing condo building and 36 units of duplex housing VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development BACKGROUND: Ordinance No. 18,647 adopted by the Little Rock Board of Directors on February 19, 2002, rezoned the site from MF-24 to PRD (Planned Residential Development), which would allow the applicant to develop the site as a multi-family development with an 8.33 units per acre density. The development was proposed with ten buildings of upper-end, low-density rental residences tailored to empty nesters, families waiting for homes to be constructed and business people living away from home for an extended period of time. A total of 80 units were proposed with the development. Each of the units was to have a garage unit, 12 garage spaces were proposed in a detached structure and 79 surface parking spaces were proposed. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 2 On January 20, 2005, the Little Rock Board of Directors adopted Ordinance No. 19,274 revoking the PD-R zoning and restoring the previously held MF-24 district zoning classification. The applicant indicated the proposed apartment development would not be constructed on the site as proposed. On September 14, 2006, the Little Rock Planning Commission approved a Subdivision Site Plan review for this property. The request included the development of a site containing 15.0 acres with 168 condominium units contained in eleven (11) buildings. The development was proposed as a gated community with a six (6) foot ornamental fence along the perimeter of the site. The development was approved in phases with each of the eleven (11) buildings being developed in a separate phase. The clubhouse, one condominium building and some parking have been constructed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing development contained on a single lot. In addition to the duplexes the PD-R will include the single condominium building and the existing clubhouse which were previously constructed. The access drive to serve the development will also be included in the common area. A property owners association will be created to establish the care and maintenance of all the common areas including the private drive. The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas without construction being imminent within those areas. B. EXISTING CONDITIONS: Site development for the condominium units was previously initiated. One building, the clubhouse and pool area were constructed. The remainder of the June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 3 site is heavily wooded and undeveloped. Adjacent properties to the south, zoned MF-24 and west, zoned O-2 are also heavily wooded. The area to the east is developing as a retirement village with a nursing home, assisted living facility and an elderly multi-family apartment development currently under construction. Other uses in the area along Chenal Valley Drive include Ashbury Apartments to the south, near Rahling Road and a City of Little Rock Fire station to the northwest, near Chenal Parkway. Single-family residences are located to the north of the site, on LaMarche Drive in the LaMarche Subdivision of Chenal Valley. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site were notified of the public hearing. There is not a registered neighborhood association in this area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Sidewalk and curb damaged from previous phase of construction must be repaired prior to issuance of grading permit. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. A construction entrance is not allowed to used at the present location east of the site. Access should be taken from the permanent driveway into development and the existing construction entrance restored. 4. Stormwater detention ordinance applies to this property. 5. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Secondary access must be provided if more than 30 units or lots are in the development. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 4 8. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 9. Is a variance being requested to advance grade the site? E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: The existing 8-inch water main running to 100 Vallon Court is private. Central Arkansas Water will have to evaluate the use of this main for the development as well as possibly converting it to a public main. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this development. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. For developments with more than 30 lots there must be two ways to enter/exit the subdivision. Contact the Little Rock Fire Department for additional information. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 5 County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Residential High Density (RH) for this property. The Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. The applicant has applied for a rezoning from MF-24 (Multifamily 24 units per acre) to PDR (Planned Development Residential) to allow for the construction of duplexes. Master Street Plan: Chenal Valley Drive is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III, Bike Route, proposed along Chenal Valley Drive. Bike Routes require no additional right-of-way or pavement markings, but signage to identify and direct the route. Landscape: No comment on this two-family development. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the application stating there were a few outstanding technical issues associated with the request. Staff stated a secondary means of access was to be provided for subdivisions containing more than 30 single-family lots. Mr. McGetrick stated he would review the topography of the site to determine the best placement of the secondary access. Public Works comments were addressed. Staff stated due to sight distance concerns the existing construction drive was to be removed. Mr. McGetrick questioned if this location could be used as the secondary access. Staff stated there was not as much concern for sight distance for the emergency access as for trucks entering and exiting the site on a more frequent basis during the development of the subdivision. Staff questioned if there would be a land June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 6 alteration variance associated with the development of the subdivision. Mr. McGetrick stated it was possible there would be some grading outside the area proposed for streets and drainage. He stated he would review the areas that would need to be cut or filled prior to development of the lots and seek a variance for those areas. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Pat McGetrick of McGetrick Engineers was present representing the request. Staff stated the Committee had reviewed a site plan at their January 25th Subdivision Committee meeting for a single-family development. Staff stated the current request was for duplex housing. Staff stated they had routed the proposed site plan to the various agencies for comment. Staff stated for the most part the comments had remained the same as with the previous development. Public Works comments were addressed. Staff stated the secondary access had been included on the proposed plan. Staff stated at the time of construction the existing construction access to the site should be removed. Staff questioned if there were variances from the City’s Land Alteration Ordinance being request. Mr. McGetrick stated the development would require a variance from the City’s Land Alteration Ordinance to allow excess dirt on the site to be shifted to low areas. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were few outstanding technical issues associated with the request in need of addressing raised at the March 7, 2011, Subdivision Committee meeting. The request is to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing. The development will be contained on a single parcel which will include the homes, the previously constructed condominium building and the clubhouse and pool facility. The 45-foot private access easement will also be contained within the tract. According to the applicant there will be a property owners association created for the care and maintenance of the common areas. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 7 The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. Each of the units is proposed with a two car garage. There is adequate space to allow for a car to be parked in the driveway and not obstruct the flow of traffic on the private access easement. Based on the width of the access easement and the pavement width (25-feet), street parking will be limited to one side of the street. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas within the Phase II area without construction being imminent within this area. Staff is supportive of the request. Staff does not feel the rezoning of the site to allow the placement of duplex housing as proposed will have a significant impact on the development or the area. Within the area there is a mixture of housing types. The addition of the duplexes allows for an addition to the existing variety of housing types within the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request for the City’s Land Alteration Ordinance to allow grading within the Phase II area of the site with the development of Phase I. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 30, 2012, requesting deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 8 There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on March 29, 2012. Staff stated the applicant was seeking to defer the item to the April 26, 2012, Public Hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff increasing the number duplex units from eighteen (18) buildings or thirty-six (36) units to twenty (20) buildings or forty (40) units. The development will remain as a single tract containing the existing condominium building, poolhouse, park and common space and the proposed new duplex buildings. The development is proposed in two (2) phases. There are twelve (12) units proposed in the Phase 1 portion of the development and twenty-eight (28) units in the Phase 2 portion. A variance from the City’s Land Alteration ordinance is being requested to advanced grade within the Phase 2 portion of the development with the installation of the infrastructure of the Phase 1 portion of the development. The applicant has indicated excess dirt on site will be moved to fill low areas within the Phase 2 area without construction of the buildings being imminent within this area The site plan indicates the open space area within the development is 3.17 acres or 34.09 percent. The site plan indicates a 10-foot front and rear building setback. A minimum of ten (10) feet is indicated between the buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 9 be one and two story units. The maximum building height proposed is 36-feet. Each of the units is proposed with a two (2) car garage. Although there is a ten (10) foot front building setback along the private drive there is adequate space to allow a car to park in the driveway and not obstruct the flow of traffic on the private access easement. Based on the width of the access easement and the pavement width (25-feet), street parking will be limited to one side of the street. Staff is supportive of the request. Staff does not feel the rezoning of the site to allow the placement of duplex housing as proposed will have a significant impact on the development or the area. The original development allowed a total of eighty (80) units within this area. Within the area there is a mixture of housing types. The addition of the duplexes allows for an addition to the existing variety of housing types within the area. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request for the City’s Land Alteration Ordinance to allow grading within the Phase 2 area of the site with the development of Phase 1. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There was one registered objector present. Chairman Ferstl stated he was recusing from discussion and voting on the item and turned the meeting over to Vice-chair Rector. Vice-chair Rector stated there were presently eight (8) Commissioners present. He stated it was the practice of the Commission when there were eight (8) or fewer Commissioners present to vote on an item the Commission offered the applicant the option of deferral. Ms. Carla Spainhour requested a deferral of the item due to the number of Commissioners present. Staff stated the item would be placed on the Commissions June 21, 2012, agenda. There was no further discussion of the item. The chair entertained a motion for approval of the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner JT Ferstl). STAFF UPDATE: There has been no change in this item from the previous write-up and staff recommendation. Staff continues to recommend approval of the request as noted in the previous staff-update. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 10 PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant’s were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of approval. Mr. Tim Spainhour addressed the Commission on the merits of the request. He stated the development would be developed per development criteria for the Chenal Commercial Area. He stated he was not in the position to provide detailed drawings to the Chenal Architectural Review Committee (ACC). He stated before investing in detailed drawings which were required by the ACC he wanted to receive approval of the Planning Commission and Board of Directors for the proposed site plan and the rezoning request. He stated he did have generalized elevations but details of construction materials, colors, architectural elements and/or the final floor plans were not available. He stated based on experience with the ACC these items were necessary for the ACC to give final approval. He stated the plan before the City was a generalized site plan to show maximum buildable areas and proposed setbacks. Mr. Spainhour stated the development would be constructed in two (2) phases. He stated the initial phase would allow for the extension of water and sewer lines within the development and the construction of the private drive to serve the units. He stated upon completion of the Phase I portion then he would begin the Phase II portion. He stated water, sewer and drives for the second phase would be installed at the time of development of the phase with the new units to follow. Mr. Spainhour stated the land alteration ordinance variance request was necessary to allow excess material from the Phase I portion of the development to be moved to low areas within the Phase II portion of the development. He stated the entire Phase II portion of the development would not be cleared only the areas where fill material would be required. Mr. Bill Spivey addressed the Commission on behalf of Deltic Timber Corporation. He stated Deltic was requesting the Commission defer the item until the developers had gone before the Architectural Review Committee (ACC) and the developers had received approval for the proposed development. He stated the development was located within the commercial area of Chenal and the bill of assurance had specific development criteria for development of commercial properties. He stated Deltic and the ACC could not comment on the proposed development until they had a chance to review the proposed development including elevations, floor plans and construction materials. He stated he could not say the ACC would not support the proposed development but without the ability to review the request there was no way of knowing. June 21, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-7131-C 11 Mr. Spivey stated this development was different than a single-family neighborhood. He stated the site was located in a commercial area. He stated a similar situation had occurred with the property to the east and the Commission deferred the request to allow the developers to go before the ACC for approval. He stated once the developers presented their plans to the ACC they were on board and he appeared before the Commission in support of the request. Mr. Spivey stated without prior review by the ACC there was no way to know the plan before the Commission was the final plan. He stated based on the ACC’s review there could be changes to the site plan which would then require the applicant to appear before the Commission once more for a modified site plan. He stated the ACC had met a number of times since the application had been filed and at least four (4) times since the applicant was before the Commission at their April meeting. He stated Deltic was requesting the deferral to allow the ACC to review the request to ensure the development would comply with the design guidelines for commercial development within this area. Mr. Tim Spainhour addressed the Commission stating there were a number of points Mr. Spivey raised he would like to address. Commissioner Rector stated he felt the primary issue was why he had not contacted the ACC or filed an application with the ACC for review. Mr. Spainhour stated he was not ready to spend the funds necessary to development final plans which were required by the ACC for review and approval of a development. He stated he had contacted Mr. Tom Russell which was the point of contact for the ACC and was scheduled to meet with Mr. Russell but the meeting was later canceled by Mr. Russell due to unforeseen circumstances. He stated a second meeting had not been scheduled. He stated once approvals were received by the City for the proposed site plan he would then move forward and spend the necessary funds to develop the detailed plan. The Commission questioned the need for the variance request from the Land Alteration Ordinance. Mr. Spanhour stated the variance was necessary to move material on the site and eliminate the need for hauling material from the site during the Phase I portion of the development only to move the material back to the site during the Phase II portion of the development. There was no further discussion of the item. The chair entertained a motion for approval of the variance request from the City’s land alteration ordinance to allow grading within the Phase II portion of the development with the construction of the Phase I portion. The motion carried by a vote of 8 ayes, 2 noes, 0 absent and 1 recusal (Commissioner JT Ferstl). The chair entertained a motion for approval of the rezoning request to include all staff recommendations and comments. The motion carried by a vote of a vote of 9 ayes, 1 noes, 0 absent and 1 recusal (Commissioner JT Ferstl). June 21, 2012 ITEM NO.: C FILE NO.: S-867-PPPPPPP NAME: Chenal Valley Phase 18G Revised Preliminary Plat LOCATION: Located on Chalamont Drive and Tournay Circle DEVELOPER: Deltic Timber 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.7 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.13 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-256 to allow a 15-foot platted building line for Lots 27 & 28 Block 68 and a 20-foot platted building line for Lots 19 - 26 Block 69. 2. A variance from the City’s Land Alteration Ordinance to allow advanced grading of selected lots within Blocks 68 and 69 with the installation of the roads, water and sewer. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a revision to the previously approved preliminary plat for a portion of Phase 18G Chenal Valley Subdivision. The request includes the allowance of a 15-foot platted building line for Lots 27 and 28 Block 68 and a 20-foot platted building line for Lots 19 – 26 Block 69. The applicant is also requesting a variance from the City’s Land Alteration Ordinance to allow June 21, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-PPPPPPP 2 advanced grading of Lots 23 – 29 Block 68. The applicant is requesting to clear and grade a multi-lot area where construction of the new homes is not imminent. The applicant proposes to serve Lots 19 – 26 Block 69 with an 18-foot rear private drive. The applicant has indicated garbage collection will be off the private drive. B. EXISTING CONDITIONS: The Phase I portion of the subdivision has developed and has been final platted. There are currently a number of new homes both completed and under construction. The Phase II portion of the subdivision is under construction. The area is developing with single-family homes as a part of the Chenal Valley Subdivision. There is an existing school to the east, Joe T Robinson School which contains a middle and high school on the same campus. There is an elementary school located along Cantrell Road near the intersection of Chalamont Drive with Cantrell Road on the northeast corner of Morgan Cemetery Road and Cantrell Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. The Coalition of West Little Rock Neighborhoods was notified of the proposed plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vegetation must be established on disturbed area within 21-days of completion of harvest activities where construction is not imminent. 2. Erosion controls must be installed to reduce discharge of polluted stormwater. 3. If the lots have not been final platted, a grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. June 21, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-PPPPPPP 3 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 6. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. If collection services are desired, the private drive surface must be 20 feet in width and signed for no parking. 7. The northern radius of the alley should be designed and constructed for a B-40 vehicle (garbage truck). The plan should show the maneuvering track of the vehicle. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for questions concerning this request or additional information. Entergy: Owner/developer to pay cost of any line/pole relocation. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. June 21, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-PPPPPPP 4 Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. There must be two-ways to enter and exit the subdivision. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: There is no connectivity within the development. If Lot #29 wants to visit backyard neighbor at Lot #8, he must drive past 12 driveways first. Contact CATA for additional information. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Joe White of White-Daters and Associate was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested Mr. White provide a 10-foot no right of vehicular access easement along the front of Lots 19 – 26 Block 69. Public Works comments were discussed. Staff stated vegetation was to be reestablished on disturbed areas within 21-days of completion of grading activities. Staff stated repair of damage to the public and private streets due to hauling operations for development of the subdivision would be repaired by the developer. Staff stated the northern radius of the alley should be designed and constructed to allow a turning radius for large vehicles such as a garbage truck. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the comments raised at the April 19, 2012, Subdivision Committee meeting. The revised plan includes the placement of a 10-foot no right of vehicular access easement along the street frontage for the lots proposed with a rear drive access. June 21, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-PPPPPPP 5 The revised plan has included a radius for the alley to allow for turning of a large vehicle such as a garbage truck. The request is a revision to a previously approved preliminary plat for a portion of Phase 18G of the Chenal Valley Subdivision. The request includes a variance to allow a 15-foot front platted building line for Lots 27 and 28 Block 68 and a 20-foot front platted building line for Lots 19 – 26 Block 69. The applicant has indicated due to the topography of the lots the reduced building line is necessary to allow the new homes to be constructed. The applicant proposes to serve Lots 19 – 26 Block 69 with an 18-foot rear private drive. The applicant has indicated garbage collection will be off the private drive. The plat includes the placement of a 10-foot no right of vehicle access along these lots to eliminate the placement of driveways on Tournay Circle. The applicant has indicated the grade of the drives if placed on Tournay Circle would be so significant entering and exiting the driveways would be difficult. The request also includes a variance from the City’s Land Alteration Ordinance to allow advanced grading of Lots 23 – 29 Block 68. The applicant is requesting to clear and grade a multi-lot area where construction of the new homes is not imminent. The applicant has indicated all vegetation will be reestablished per the City’s Land Alteration Ordinance. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a 15-foot front platted building line for Lots 27 and 28 Block 68 and a 20-foot front platted building line for Lots 19 – 26 Block 69. Staff recommends approval of the variance from the City’s Land Alteration Ordinance to allow advanced grading of the indicated lots as proposed by the applicant. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required June 21, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-PPPPPPP 6 by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the June 21, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has provided notice to abutting property owners as required by the Commission’s By-laws. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff recommends approval of the request as noted in the recommendation section of the previous write-up. PLANNING COMMISSION ACTION: (JUNE 21, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had provided notice to abutting property owners as required by the Commission’s By-laws. Staff stated to their knowledge there are no outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request to allow a 15-foot front platted building line for Lots 27 and 28 Block 68 and a 20-foot front platted building line for Lots 19 – 26 Block 69. Staff presented a recommendation of approval of the variance request from the City’s Land Alteration Ordinance to allow advanced grading of Lots 10, 11 and 12 Block 69 and Lots 23-29 Block 68. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: D FILE NO.: Z-8762 NAME: Luer Short-form PCD LOCATION: Located at 3400 – 3418 Baseline Road and 8820 Mize Road DEVELOPER: Jon Luer 28 Club Manor Drive Maumelle, AR 72113 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Tire store, Appliance sales and repair, Fitness center, Daycare center, Mixed Office and Retail, General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The 2.24 acre tract located at the northwest corner of Baseline and Mize Roads contains two (2) non-residential buildings, two (2) single-family residential structures and a host of small accessory structures. The site is non-conforming in that it was developed prior to annexation. Each of the two (2) non-residential buildings is approximately 4,080 square feet in size. One building (Building 1) contains a tire shop. The second building (Building 2) is divided into two (2) bays. One (1) bay is currently vacant and the second currently house an appliance repair shop. The business occupied the structure prior to receiving proper zoning approval. June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 2 The applicant is requesting approval of PCD zoning to recognize the existing tire shop, to allow the appliance repair and to allow a variety of alternative uses in either of the non-residential buildings. The two (2) residential structures will continue to remain as single-family residential. B. EXISTING CONDITIONS: There are a number of buildings on the site containing both residential and non-residential uses. The building on the corner of Mize and Baseline Roads has been divided into two (2) bays. One (1) of the bays is currently occupied by an appliance repair shop. There are a number of appliances located outside the building and the owner was repairing an appliance outside on the day of the site visit. The other bay appears to be vacant. There is also a tire store located on the property with two driveways extending from Baseline Road. There are waste tires being stored outside the building along the eastern side of the building. There are two single-family homes located on the site. One is located on Baseline Road and the second is on Mize Road. Other uses in the area include a church across Baseline Road to the south. An empty retail building is located to the southwest and a multi-family development is located to the southeast. North of the site is a single-family neighborhood. Across Mize Road is a property zoned PCD which was approved for neighborhood commercial uses. Baseline Road has been constructed with curb, gutter and sidewalk. Mize Road is an unimproved street with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, Southwest Little Rock United for Progress and the Upper Baseline Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A subject property lies within the 100 year floodplain of Little Fourche Creek. Any construction of a new structure must be built in compliance with the Little June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 3 Rock Floodplain Code. The finished floor of the new structure must be elevated to at least one (1) foot above the base flood elevation (257'). An expansion or remodeling of an existing structure that exceeds 50% of the market value of the existing structure must comply with the Little Rock Floodplain Code. Specifically the finished floor of the entire structure must be raised to at least one (1) foot above the base flood elevation (257'). If the expansion of an existing structure does not exceed 50% of the market value of the existing structure, the expansion must comply with the Little Rock Floodplain Code. Specifically the finished floor of the expansion must be raised to at least one (1) foot above the base flood elevation (257'). If the existing structures is only improved and does not exceed 50% of the market value of the existing structure, the improved structure does not have to comply with the Little Rock Floodplain Code. 2. If the site further develops, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Mize Road including 5-foot sidewalk with the planned development. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Mize Road and Baseline Road. 4. Only one curb cut is allowed of Baseline Road. The remaining curb cut should be removed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 30-foot easements is required along Baseline Road to accommodate a 3-phase overhead power line. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 4 Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs East Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from R-2 (Single Family District) to PCD (Planned Commercial District) to allow for various retail uses on this already developed site. Master Street Plan: Baseline Road is a Principal Arterial and Mize Road is a Local Street. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 5 or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes is shown along Baseline Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If/when rehabilitation of any of the structures is requested; each building will need to come into compliancy with both the zoning buffer ordinance and the Landscape Ordinance. 3. Any/all new parking will include the addition of landscaping. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Jon Luer was present representing the request. Staff presented an overview of the development stating there were a number of outstanding questions related to the site plan and proposed use of the property in need of addressing prior to the Commission acting on the request. Staff stated they were unclear on the proposed use of the property and if there were any alternative uses being proposed. Staff questioned any upgrades to the site including landscaping and building renovations. Staff also questioned any proposed signage including ground and building signage. Public Works comments were addressed. Staff stated the property was located within the 100-year flood plan. Staff stated if any upgrades were made to the building they should be constructed consistent with the City’s Floodplain Code. Staff also stated additional construction could require the installation of additional paving along Mize Road. Landscaping comments were addressed. Staff stated any new parking would require the addition of landscaping. Staff stated as each building was June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 6 redeveloped the site was to come into compliance with the City’s landscape and buffer ordinances. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing few of the outstanding technical issues associated with the request. The applicant has indicated the proposed use of the property will include a tire store, appliance sales and repair, fitness center, daycare center, general and professional office and mixed office and retail. The days and hours of operation are seven (7) days per week from 7 am to 9 pm. The applicant has indicated a single ground sign will be utilized. There is an existing 12-foot pole located along Baseline Road which will be topped with a sign. The applicant has not indicated the total sign area proposed for the ground signage. Building signage is proposed on the facades with street frontage for the non-residential buildings. The signage will comply with the typical standards of the zoning ordinance for wall signage allowed in commercial zones. The applicant has indicated landscaping will be added along the west side of the eastern building (Building 2). The bed is proposed 20-feet in length extending along side the building turning to the west and extending 20-feet in length. The bed is proposed seven (7) feet in width. A second bed is proposed along the east side of the tire shop. The bed is proposed as 7-feet wide by 10-feet in length. There are currently three drives accessing the site from Baseline Road. Access to the commercial area from Mize Road is also available since there is not curb or sidewalk and the edge of pavement extends to the street. Staff recommends one of the drives from Baseline Road be removed and access from Mize Road be disconnected. The eastern building is setback approximately 25-feet from Baseline Road. The applicant has stated the drives on Baseline Road and access from Mize Road is necessary to allow for traffic to maneuver on the site. There is not a defined parking area on the site. Currently automobiles parallel park in front of the building and enter and exit onto Mize Road or use the eastern most driveway on Baseline Road. There is not adequate area for parking and maneuvering in front of the building without utilizing both existing drives. Although not striped or clearly defined there appears to be ample parking in front of the tire store. June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 7 The two homes located on the site are proposed to remain residential. Staff is not supportive of the request. The applicant is proposing limited site upgrades/improvements with the rezoning request. Based on the overall site and the limited parking available staff does not feel a number of the uses proposed can be adequately served by the available parking. These two (2) buildings were constructed as non-residential buildings prior to the area being annexed into the City and the widening of Baseline Road. The widening has limited the parking available in front of the building located at 3400 Baseline Road. The applicant is not proposing to remove the driveway from Baseline Road nor limit access from Mize Road. This area contains a number of residential uses including a single-family neighborhood to the north and a multi-family complex to the southeast. Although the site has a history of non-residential uses staff does not feel the request as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the June 21, 2012, public hearing. Staff stated the deferral was necessary to allow staff additional time to review the existing non-conforming status. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated May 30, 2012, requesting deferral of this item to the August 2, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 30, 2012, June 21, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8762 8 requesting a deferral of the item to the August 2, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 1 FILE NO.: S-1659-B NAME: Hagans’ 2nd Addition Preliminary Plat LOCATION: Located on the west side of Edswood Road approximately 600 feet south of Kanis Road DEVELOPER: Redbridge, LLC 4378 East Mission Boulevard Fayetteville, AR 72703 ENGINEER: GarNat Engineering, LLC 124 North Market Benton, AR 72015 AREA: 4.82 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-232(b) to allow an increased depth to width ratio for the proposed lots. 2. A variance from the Stormwater Detention Ordinance to allow an in-lieu contribution for stormwater detention. 3. A variance from the Boundary Street Ordinance requirement to allow an in-lieu contribution for street improvements. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is for preliminary plat approval of 4.82 acres located outside the City limits of Little Rock but within the City’s Extraterritorial Planning June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 2 Jurisdiction. The applicant is proposing to create five (5) lots each with a lot width ranging from 112.31 feet to 112.49 feet and a lot depth ranging from 370.17 feet to 376.33 feet. Two (2) of the lots will contain 0.97 acres and three (3) will contain 0.96 acres. The request includes a variance from Section 31-232(b) of the City’s Subdivision Ordinance to allow an increased depth to width ratio for the proposed lots. The applicant is requesting a payment in-lieu of half street improvements to Edswood Road adjacent to the proposed plat area. The applicant has provided an engineers cost estimate for the required one-half street improvements. The length of street is 560 linear feet. The total item cost estimate if $79,987.40. The applicant is also requesting payment in-lieu of stormwater detention construction. B. EXISTING CONDITIONS: The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The area is primarily singe-family homes located on acreage with the majority of the homes located on five (5) plus acres. To the south of this site is Hagan’s Subdivision which was approved by the Planning Commission in January 2011 for the development of five (5) residential lots with an average lot size of one (1) acre. The five (5) lots have been final platted and are in various stages of development. This site is heavily wooded. Edswood Drive is an unimproved County road constructed with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. The Coalition of West Little Rock Neighborhoods was also notified of the proposed plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Edswood Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 3 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Edswood Road including 5-foot sidewalk with the planned development. Per the Master Street Plan, this section of Edswood Road will be a divided street with a 110 foot right-of-way, 14 foot median, 2 - 26 foot travel lanes and 5 foot sidewalk on both sides of the street. The applicant has proposed to make an in-lieu payment for the street improvements. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Due to Edswood Road being classified as a principal arterial street, driveway locations and widths must meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on an arterial street is 300 feet from other driveways and 150 feet from property lines. The width of a driveway must not exceed 30 feet. Lots 1 - 5 of the subdivision are only allowed a maximum of two (2) driveways. Due to the street elevation on the north end of the subdivision, shared driveways should be installed on the lot lines between Lots 3 and 4 and Lots 1 and 2. If privacy gates are proposed to be installed the key pad to the gate should be located 30 feet from the future back of curb on Edswood Road and a turnaround provided for a SU-30 vehicle to exit the driveway without having to back into a principal arterial street (Edswood Road). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide a septic certification and approval of the proposed wastewater disposal from the Arkansas Department of Health. Entergy: A 10-foot easement is required along Edswood Road to serve the development. Contact Entergy at 954-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 4 Central Arkansas Water: Plan should be corrected to show a 12-inch water main inside the existing easement instead of the 19-inch shown. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Submit final plat prior to requesting water service. Fire Department: Place fire hydrants per code. Contact the Volunteer Fire Department which services this area and provide a letter from the Chief indicating their knowledge of the proposed subdivision and their ability to serve the development. County Planning: 1. Dedicate ½ of 120 foot right of way to meet County standard for a principal arterial on Edswood Road. 2. Improve Edswood Road to County standard or receive a variance or waiver from the Little Rock Planning Commission. 3. Provide proof of Health Department septic approval for the five (5) proposed lots. 4. Dedicate a drainage easement on the southwest portion of proposed Lot 1. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Master Street Plan: No comment. June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 5 Bicycle Plan: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the zoning classification on the proposed preliminary plat. Staff also requested a phasing plan be provided. Staff stated a 35-foot platted building line was required along Edswood Road. Public Works comments were addressed. Staff stated due to the street classification there would only be two (2) driveways allowed. Staff stated a dedication a right of way 60-feet from centerline was required to meet County Master Street Plan standard. Staff stated the applicant was requesting a payment in-lieu of street construction for the required improvements to Edswood Road. Staff stated they were supportive of the in-lieu payment request. Staff noted comments from County Planning and suggested the applicant contact them directly for any information regarding their comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted responses to questions raised at the May 31, 2012, Subdivision Committee meeting. The revised drawing indicates the property zoned R-2, Single-family. The applicant has also indicated the subdivision will be developed in a single phase. The plat indicates the placement of a 35-foot platted building line as required for residential lots abutting a arterial street classification per Section 31-256(s) of the Subdivision Ordinance. Two driveways are shown to serve the proposed lots. A cross access easement to serve Lot 5 which will not be allowed the placement of a drive has been included. The shared drives are located on the common lot June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 6 lines of Lots 1 and 2 and 3 and 4 as requested by Public Works staff. A dedication of right of way 60-feet from centerline has been indicated to comply with the County Master Road plan. The applicant is requesting a payment in-lieu of half street improvements to Edswood Road adjacent to the proposed plat area. The applicant has provided an engineers cost estimate for the required one-half street improvements. The length of street is 560 linear feet. The total cost estimate is $79,987.40. The applicant is also requesting payment in-lieu of stormwater detention construction. The applicant has indicated they will work with staff and County Planning to determine the amount of payment required to comply with the minimum ordinance requirement. The property contains 4.82 acres and is proposed to be subdivided into five (5) lots. The site is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. Section 31-232(c) states lots served by a public water system and proposed to be served by a septic tank system must submit at the time of request for preliminary plat filing a written certification approved by the state department of health. The lot sizes allowed by this certification shall be indicated on the plat. The department of health has indicated they do not provide approval of septic certification at preliminary platting but at the time of actual construction of the septic system. A report from Meinco Septic System has been provided and indicates the soils are suitable for septic systems and will support the lot sizes as proposed. All the proposed lots will be served by Central Arkansas Water with an extension of a water main as needed. The request includes a variance from the Subdivision Ordinance to allow an increased depth to width ratio for the proposed lots. Section 31-232(b) states no residential lot shall be more than three times as deep as it is wide, except lots approved under paragraphs (g) of Section 31-232 or zero lot line lots in the R-2, R-3, PRD and PD-R zoning districts. The lots are indicated with a lot width ranging from 112.31 feet to 112.49 feet and a lot depth ranging from 370.17 feet to 376.33 feet. The plat has a depth to width ratio ranging from 3.2 to 3.5. Two (2) of the lots will contain 0.97 acres and three (3) will contain 0.96 acres Staff is supportive of the request. Although in this area the existing lots are mostly larger than the lots as proposed by the applicant the lots do June 21, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1659-B 7 meet the typical standards of the R-2, Single-family Zoning District. In addition the applicant has provided a septic certification indicating the lots as proposed are sufficient to allow for proper waste disposal. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed preliminary plat. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the applicant’s request to provide an in-lieu payment for the cost of street construction to Edswood Road. Staff recommends approval of the applicant’s request to provide an in-lieu payment for the cost of stormwater detention. Staff recommends approval of the variance request to allow an increased lot depth to width ratio for the proposed lots. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the applicant’s request to provide an in-lieu payment for the cost of street construction to Edswood Road. Staff presented a recommendation of approval of the applicant’s request to provide an in-lieu payment for the cost of stormwater detention. Staff presented a recommendation of approval of the variance request from the City’s Subdivision Ordinance to allow an increased lot depth to width ratio for the proposed lots. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 2 FILE NO.: S-83-E NAME: East Palisades Addition Replat Lot EF1 Block 1 LOCATION: Located at 10 East Palisades Drive DEVELOPER: Global Surveying Consultants, Inc. 6511 Heilman Court North Little Rock, AR 72218 ENGINEER: Ten East Palisades Realty, LLC Dr. Lowry Barnes 10 East Palisades Drive Little Rock, AR 72202 AREA: 1.825 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 4 – Heights Hillcrest CENSUS TRACT: 16 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owner is requesting that Lots “E” and “F”, Block 1, East Palisades Addition to the City of Little Rock, Pulaski County, Arkansas be combined into one (1) lot and the front platted building setback line be reduced from 40 feet and 35 feet to 25 feet. The rear and side yard setbacks will comply with the standards per the R-2, Single-family zoning district. The reduction in the platted building line will allow the construction of a new single-family home and will match the front setback of a number of existing homes located within this block. There is a 10-foot sanitary sewer easement which runs near the center of the property which is proposed to be relocated with the replat. The relocation is necessary to coincide with the sanitary sewer line as it was installed. June 21, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-83-E 2 B. EXISTING CONDITIONS: The site contains two (2) previously platted lots. There is a single-family home located on one lot and the other is vacant. The area is single-family residential. North of the site is a tract containing a utility transmission line and further north is a railroad spur running along Rebsamen Park Road. The property overlooks Rebsamen Park and the Arkansas River. East Palisades Drive is a paved street with curbing. There are no sidewalks in place. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All abutting property owners and the Heights Neighborhood Association were notified of the proposed public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Existing Entergy line is required to be in an easement. Contact Entergy at 945-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. June 21, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-83-E 3 County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Master Street Plan: No comment. Bicycle Plan: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the request was to allow two (2) lots to be combined into a single lot and to also allow a reduction in the previously platted building lines. Staff stated the utility easement note should reflect a relocation and not abandonment. Staff also stated the side and rear yard setbacks should not be included on the plat. Staff noted there were no Public Works comments associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat drawing to staff addressing issues raised at the May 31, 2012, Subdivision Committee meeting. The revised plat does not include the side and rear yard building setbacks. The plat indicates the easement will be relocated to correspond with the sewer line as it was installed. The approval of the request will allow two (2) platted lots in the East Palisades Addition to be combined into one (1) lot and the front platted building setback line be reduced from 40-feet on one (1) lot and 35-feet on the other to 25 feet. The rear and side yard setbacks will comply with the standards per the R-2, Single-family zoning district. The applicant has indicated the reduction in the June 21, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-83-E 4 front platted building setback line will allow the construction of a home that will match the front setback of a number of existing homes located within this block. The request also includes the relocation of a 10-foot sanitary sewer easement. The 10-foot sanitary sewer easement runs across the property. When the sewer line was installed the line was not placed within the platted easement. With this plat the applicant is proposing to relocate the easement to coincide with the sanitary sewer line as it was installed. Staff is supportive of the request. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the replatting of these two (2) lots into a single lot and the allowance of a 25-foot front building line will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 3 FILE NO.: Z-3143-D NAME: Riviera Maya Mexican Restaurant Revised Short-form PCD LOCATION: Located at 801 Fair Park Boulevard DEVELOPER: Vickery Construction LLC Stefon Vickery P.O. Box 250714 Little Rock, AR 72225 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.77 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Restaurant and Hotel PROPOSED ZONING: Revised PCD PROPOSED USE: Add outdoor patio to restaurant VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The intention of the proposed project at Riviera Maya Restaurant located at 801 Fair Park Boulevard is to add an outdoor dining area. The proposed addition will be constructed along the northern side of the building. The proposed addition is 30’6” by 18’7” and will take up the four (4) parking spaces and the sidewalk along the northern side of the building. The existing building contains approximately 3,500 square feet. 42 parking spaces including 2 handicapped parking spaces will remain after construction of the patio. Additional parking is allowed at the LaQuinta Hotel via a cross parking agreement. The removal of the sidewalk after construction will not block handicapped access. The owner’s June 21, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3143-D 2 intention is to use the area to accommodate seating for approximately 34 customers. The outdoor dining area will be composed of a wooden deck area with a six (6) foot privacy fence around the perimeter. Access to the patio will be through the restaurant. An open trellis will cover the structure. B. EXISTING CONDITIONS: The site contains a restaurant and adjacent hotel with paving around the entire restaurant building. There is a convenience store located to the south on the corner of West 10th Street and Fair Park Boulevard. East of the site is a daycare center with the remainder of the area being single-family homes. Across Fair Park Boulevard is a vacant lot zoned PCD which was approved for the development of restaurants and a hotel. Southwest is St. Mark’s Church campus. The church has developed parking lots on the north and south corner of West 10th Street and Fair Park Boulevard. North of the site is I-630. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational request from an area resident. All property owners located within 200 feet of the site, the War Memorial Neighborhood Association and the Oak Forest Initiative Coalition were notified of the application request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Contact Entergy at 954-5151 concerning existing underground service to the building. Patio structure may not be constructed over this existing service. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities June 21, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3143-D 3 that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. A minimum access of 20-feet must be maintained around the site. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. CATA Route #3, the Baptist Medical Center Route is located to the south of the site running along West 12th Street. CATA Route #17, the Mabelvale-Downtown CATA Route runs to the north along I-630 and turns to the south along South University Avenue. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a revision to an existing PCD (Planned Commercial District) to allow for the addition of a covered outdoor seating area for the restaurant on the site. Master Street Plan: Fair Park Boulevard is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. June 21, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3143-D 4 Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Fair Park Boulevard since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the construction of the patio could not impact ADA access to the restaurant. Staff questioned if the patio would offer outdoor music. Staff stated if outdoor music would be allowed the owner should be mindful of speaker placement and the hours the music would be allowed to be played outdoors since there was a single-family neighborhood one block to the east. Staff noted there were no Public Works or landscaping comments. Staff suggested the applicant contact Entergy concerning their comment related to the placement of the patio structure over an existing electrical service to the building. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing staff’s concern related to outdoor music. The applicant has indicated should speakers be placed within the outdoor patio area the speakers will be placed to direct the sound to the north or the I-630 Freeway. The applicant has also indicated the outdoor music would be limited to the restaurant hours which generally has a closing time of 11:00 pm. The applicant has also indicated the construction of the deck will not block any existing ADA access to the building and the new construction will be ADA compliant. June 21, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3143-D 5 The outdoor dining area will be encompassed with a six (6) foot privacy fence. An open trellis will also cover the structure. The height of the trellis will not exceed the height of the existing one-story building. The proposed addition will be constructed along the northern side of the building and is proposed as a 30’6” by 18’7” outdoor dining/patio area. The new construction will remove four (4) existing parking spaces and the sidewalk along the northern side of the building. An existing door will access to the outdoor dining area from inside the restaurant. The site contains the existing building with approximately 3,500 square feet and 48 parking spaces including 2 handicapped parking spaces. After construction, there will be 44 parking spaces including the 2 handicapped spaces on this lot. Additional parking is allowed at the LaQuinta Hotel via a cross parking agreement. The outdoor seating area will accommodate seating for approximately 34 additional customers. The new area is approximately 570 square feet and the existing restaurant contains 3,500 square feet. The new total gross square footage is 4,070 square feet. Parking for a restaurant use is based on one (1) parking space per 100 gross square feet of floor area. The typical parking required for this restaurant with the addition of the outdoor dining area is 40 parking spaces. There is adequate parking on site to serve the existing use and the proposed addition. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff is supportive of the request. Staff does not feel the amendment to the existing PCD to add an area for outdoor dining will significantly impact the site or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. June 21, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3143-D 6 There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 4 FILE NO.: Z-4336-KK NAME: 1021 Martin Luther King Drive Short-form PCD LOCATION: Located at 1021 Martin Luther King Drive DEVELOPER: Nolan Rushing, Agent P.O. Box 3546 Little Rock, AR 72203 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.861 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-2 and R-4 ALLOWED USES: Office and Institutional and Two-family PROPOSED ZONING: PCD PROPOSED USE: Office and Commercial VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application to rezone the site from O-2, Office and Institutional District and R-4, Two-family District to PCD was on the Commission’s May 10, 2012, Subdivision Agenda. The request was withdrawn prior to any discussion of the item concerning the proposed use. The request was to allow redevelopment of the site as a convenience store with gas pumps. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the site from O-2, Office and Institutional and R-4, Two-family district to PCD to allow the reuse of this existing building as an office supply store. The applicant has indicated the existing building will be refurbished June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 2 on the interior and exterior. The applicant has also indicated within the interior an office/showroom area will be created to display office supplies and office furniture. The applicant has indicated the renovation cost will not exceed 50 percent of the replacement value of the structure. The applicant states his business model is the sale of various office related products and supplies, including furniture. The operation is primarily a stockless business. The orders are typically order and shipped from suppliers to the applicant’s location and in turn are delivered by the applicant to the clients. The retail showroom will display some of the products the applicant markets but most sales activity will take place at the clients business. The applicant is seeking alternative uses as allowable uses for the property. In addition to the office supply store the following additional uses are being requested: Antique shop, excluding repairs, Bakery, Branch bank, Book and stationary shop, Cabinet/woodworking shop, Catering (food service), Clothing shop, Drugstore, or pharmacy, Florist shop, Food store, Hardware or sporting goods, Jewelry store and Warehouse, all inside. B. EXISTING CONDITIONS: The property is a retail/warehouse building with frontage on West 10th and 11th Streets and Martin Luther King Drive. There are two drives on Martin Luther King Drive and two drives on West 11th Street. A single drive is located on West 10th Street. There are a number of mature trees located on the eastern portion of the property north of the existing paved area. To the east of the site both along West 10th and 11th Streets are one and two-family homes. North of West 10th Street is an elementary school and south of West 11th Street is a large State office. To the west of the site is Arkansas Children’s Hospital and medical office uses including private practice offices/clinics and offices/clinics associated with Children’s Hospital. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, the Central High Neighborhood Association and the Downtown Neighborhood Association were notified of the request. June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The dirt area being used for access to West 10th Street to the north property should be removed. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Martin Luther King Drive and West 11th Street. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The existing driveway at Martin Luther King Drive and West 11th Street intersection must be removed. 5. Appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan are required to be installed at the intersection of Martin Luther King Drive and West 11th Street. 6. The parking spaces west of the West 11th Street driveway should be removed. 7. No backup area is shown for the parking spaces on the east side of the building. 8. The east driveway accessing the east parking area should be removed and access should be taken from within the property. The driveway spacing does not comply with Section 30-43 and 31-210. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Sewer main location is not properly shown on the plat. Contact Little Rock Wastewater for additional information. Entergy: Easements are required. Contact Entergy at 945-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet around the site’s perimeter. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #11, the ML King, Jr. route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from R-4 (Two-Family District) and O-2 (Office and Institutional District) to PCD (Planned Commercial District) to allow the use of the site as an office supply store and selected alternative uses. June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 5 Master Street Plan: Martin Luther King Drive is a Collector and both 10th and 11th Streets are Local Streets. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Both the City of Little Rock and the City Beautiful Commission recommend saving all of the existing on site trees. 3. If the rehabilitation costs of the project exceed fifty percent (50%) or more of the replacement cost of the building, then the landscape and buffer ordinances must come into compliancy proportionately. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present representing the request. Staff presented an overview of the request stating there were outstanding technical issues associated with the request in need of addressing prior to the public hearing. Staff requested the applicant provide a detailed cover letter concerning the proposed use and any alternative uses. Staff also questioned the proposed signage plan and any proposed fencing. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required at the intersection of West 11th Street and Martin Luther King Drive. Staff stated the driveway locations on West 11th Street did not meet the typical ordinance requirements. Staff requested the applicant close the eastern most drive entering the site on West 11th Street. Staff also requested the applicant remove the two (2) parking spaces west of the West 11th Street driveway which were backing into the driveway from West 11th Street. Landscaping comments were noted. Staff stated if rehabilitation cost of the project exceeded 50% of the replacement cost of the building then the landscape and buffer ordinances were to come into compliance proportionately. June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 6 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the May 31, 2012, Subdivision Committee meeting. The applicant has provided the signage plan and provided a detailed cover letter concerning the proposed use of the property. The applicant has also indicated there will not be any new fencing placed on the site. The two (2) drives on West 11th Street have been combined into a single drive and the drive on Martin Luther King Drive nearest West 11th Street has been indicated for removal on the site plan. The rezoning request is from O-2, Office and Institutional and R-4, Two-family district to PD-C to allow the reuse of this existing building as an office supply store. The applicant has indicated cosmetic repairs will be completed on the existing building on both the interior and exterior. The remodel will include an office/showroom area for display for office supplies and office furniture. The applicant has indicated the renovation cost will not exceed 50 percent of the replacement value of the structure. No new landscaping is proposed. The site contains a building with 13,441 square feet of gross floor area and 25 parking spaces. Based on the typical minimum parking required for a retail business 44 parking spaces would be required. The applicant states his operation is primarily a stockless business. That orders are typically placed by the applicant to a supplier, shipped from suppliers to the applicant’s location and then delivered to the client from the applicant’s warehouse. The retail showroom will display some of the products the applicant markets but most sales activity will take place at the clients business. In addition to the office supply store the following uses are being requested as allowable alternative uses: Antique shop, excluding repairs, Bakery, Branch bank, Book and stationary shop, Cabinet/woodworking shop, Catering (food service), Clothing shop, Drugstore, or pharmacy, Florist shop, Food store, Hardware or sporting goods, Jewelry store and Warehouse, all inside. The applicant is requesting a single user or multiple users of the building. The applicant has stated the warehouse portion of the building fronting on West 10th Street could potentially be rented to a separate user other than the retail user within the primary retail space. June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 7 The site plan indicates the placement of a ground sign at the intersection of West 11th Street and Martin Luther King Drive. The sign is proposed with a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. Building signage is proposed on the front façade abutting Martin Luther King Drive and on the façade facing West 11th Street. The maximum sign area proposed for each of the signs is ten (10) percent of the building façade area. The applicant has indicated should a separate business locate in the warehouse portion of the building fronting West 10th Street a building sign will be placed on the front façade. The maximum sign area proposed is ten (10) percent. A single ground sign is proposed on West 10th Street not to exceed six (6) feet in height and sixty-four (64) square feet in area. The site plan includes the placement of a dumpster in the rear of the property. The applicant has not limited the hours of dumpster service to daylight hours. Although this area is non-residential to the north, south and west, there are residential units located to the east adjacent to the proposed dumpster site. Staff recommends as long as the units to the east are residential the hours of dumpster service be limited to daylight hours. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the rezoning as proposed to allow the use of the building as an office supply business and the alternative uses as proposed by the applicant will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the hours of dumpster service be limited to daylight hours if the units to the east are residential. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the hours of dumpster service be limited to daylight hours if the unit to the east was residential. Staff June 21, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4336-KK 8 presented a recommendation ground signage be limited to six (6) feet in height and sixty-four (64) square feet in area. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 5 FILE NO.: Z-6467-C NAME: Custom Auto Sales Short-form PCD LOCATION: Located at 5301 Mabelvale Pike DEVELOPER: Nehemiah Robinson 10008 Foster Cove Little Rock, AR 72209 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Retail - Indoor PROPOSED ZONING: PCD PROPOSED USE: Add automobile sales as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the May 31, 2012, Subdivision Committee meeting. Staff recommends deferral of this item to the August 2, 2012, public hearing. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the May 31, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the August 2, 2012, public hearing. June 21, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6467-C 2 There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 6 FILE NO.: Z-8208-A NAME: River Market Tower Revised Short-form PCD LOCATION: Located at 315 Rock Street, Unit 102 DEVELOPER: River Market Tower, LLC 200 River Market Avenue, Suite 200 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.26 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Retail, Office and Residential PROPOSED ZONING: Revised PCD PROPOSED USE: Add food store under 5,000 square feet of gross floor area, with sales of beer or wine VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,765 adopted by the Little Rock Board of Directors on June 19, 2007, rezoned the site from UU to PCD to allow the development of the 19-story mixed use building presently located on the site. The applicant proposed the development of the site with retail uses on the first floor and residential units on the remaining floors. The rezoning was necessary to allow an increase in the allowed density per the R-6, High-rise Zoning District. The approval also allowed a variance to allow an increase in building height from the typical standard of the UU Zoning District. The maximum height typically allowed per the UU Zoning District is 15-stories. (The approval allowed for a 20-story building.) June 21, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8208-A 2 Ordinance No. 20,568 adopted by the Little Rock Board of Directors on April 3, 2012, modified the zoning ordinance to require certain uses be considered as a conditional use permit. Section 10 of Ordinance No. 20,568 amended Section 36-299(c)(2) to add food store under 5,000 square feet of gross floor area, with sales of beer or wine to the listing of conditional use permits. Since the property is zoned PCD a revision to the PCD is being sought to allow the alcohol sales in-lieu of filing a CUP. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: River Market Tower is a 19-story mixed use structure at 315 Rock Street, contains 6,000 square feet of retail/commercial space in three (3) bays that front on East 3rd Street. Dugan’s Pub sits on the corner and Workplace Resource occupies the easternmost space. The owner of Dugan’s Pub is proposing to open a small market in the middle bay called Stratton’s Market at Dugan’s Pub. It will sell convenience items such as snacks, soft drinks, aspirin, soap and paper towels, as well as deli meats and fresh flowers. The market will also sell beer and wine, which is the reason for the change in the previously approved PCD. The purpose of the market is to serve a growing residential population in the area, the daytime office population and visitors in the nearby hotels. Many residents have voiced an interest in this concept, and the owners are attempting to respond to this and provide this needed service. B. EXISTING CONDITIONS: The site is developed with a multi-story multi-use structure. Within the block is a parking deck, the residential tower and a hotel, the Hampton Inn. Across the street is an office building which was developed with a large amount of open space on the site. South of the site is a State Office (Child Support) and southeast is the downtown post office. The CATA Bus transfer station is located to the southwest of the site. There is an approved PRD property located to the northwest which is also a multi-story, multi-use structure which is primarily residential with ground floor retail. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site and the River Market District Neighborhood Association were notified of the public hearing. June 21, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8208-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The CATA Travel Center is located on South Cumberland and Rock Streets between 4th Street and Capitol Avenue. Parks and Recreation: No comment received. June 21, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8208-A 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. This category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a revision of the existing PCD (Planned Commercial District) zoning to allow a food store less than 5,000 square feet with sales of beer and wine as an allowable use for on the site. Master Street Plan: 3rd Street and Rock Street are Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along 3rd Street. Bike lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented an overview of the request stating the request was to add a food store with less than 5,000 square feet with the sales of beer and wind as an allowable use. Staff stated the applicant had also indicated a portion of the building would be used as a party room. Staff requested more details concerning the proposed party room and if the room would be a banquet room serving the existing restaurant. Staff noted there were no Public Works or landscaping comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. June 21, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8208-A 5 H. ANALYSIS: The applicant submitted a response to comments raised at the May 31, 2012, Subdivision Committee meeting. The applicant has indicated the party room will be used as a banquet facility for Dugan’s Pub and will not be a separate special events center. The request is to amend the existing PCD zoning to add a food store under 5,000 square feet of gross floor area, with sales of beer or wine as an allowable use. An existing tenant is proposing to open a small market within an available space of the River Market Tower. The market will sell convenience items such as snacks, soft drinks, aspirin, soap and paper towels, as well as deli meats and fresh flowers. The request to allow the sale of beer and wine requires a public review of the request. As noted previously in the Background Section of the write-up Ordinance No. 20,568 adopted by the Little Rock Board of Directors on April 3, 2012, modified the zoning ordinance to require certain uses be considered as a conditional use permit. Section 10 of Ordinance No. 20,568 amended Section 36-299(c)(2) to add a food store under 5,000 square feet of gross floor area, with sales of beer or wine to the listing of conditional use permits. Since the property is currently zoned PCD a revision to the PCD is necessary to allow the alcohol sales in-lieu of filing a CUP. There are no other changes proposed for the allowable uses or the previously approved site plan. Staff is supportive of the request. The site is a fully developed site with most of the lease space occupied. The market will provide a convenience service to the area. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the requested revision to the existing PCD to add a food store under 5,000 square feet of gross floor area, with sales of beer or wine as an allowable use is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. June 21, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8208-A 6 PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 7 FILE NO.: Z-8236-A NAME: Akel Revised Short-form PCD LOCATION: Located at 8724 Colonel Glenn Road DEVELOPER: Yafai Investment Almaqaler Mustafaa 13 Lisa Court Little Rock, AR 72212 ENGINEER: Laha Engineers 6602 Baseline Road Little Rock, AR 72209 AREA: 0.63 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Convenience store with gas pumps PROPOSED ZONING: Revised PCD PROPOSED USE: Add telephone store and Take-out restaurant as allowable uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,882 adopted by the Little Rock Board of Directors on December 4, 2007, rezoned the site from C-3, General Commercial District and R-4, Two-family District to Planned Commercial Development. The approval allowed for the construction of a new 50-foot by 100-foot metal building to replace two (2) existing buildings located on the site. The building was proposed for a single use as a convenience store, with gas pumps. June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD to add two (2) additional bays. The uses proposed are a take-out restaurant, a telephone store and the convenience store with gas pumps. The proposal includes the placement of building signage on the two (2) new retails spaces in addition to signage on the convenience store along Colonel Glenn Road. The sign area will not exceed the signage typically allowed per the commercial district for building signage. No new building signage is proposed on John Barrow Road. The existing ground sign will be shared by all three tenants. B. EXISTING CONDITIONS: The convenience store has been constructed and is operating under a temporary certificate of occupancy. The owner is in the process of installing the required landscaping and screening fence and narrowing the driveway width along John Barrow Road. Along Colonel Glenn Road, this area is primarily non-residential. To the north along John Barrow Road the uses are primarily residential. There is an auto parts store, a lawnmower repair shop and a funeral home located near the site. There is a City of Little Rock multi-field baseball park, the Rosedale Park, located north of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the application request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. John Barrow Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 3 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 6. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 7. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 8. The maximum width of a driveway is 36 feet wide at its narrowest point. 9. Only one (1) driveway curb cut is allowed on Colonel Glenn Road. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 30-foot overhead easement is required for the portion of line that crosses the property along John Barrow Road and Colonel Glenn Road. Contact Entergy at 954-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within 10 days of installation and annually June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 4 thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet around the site. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The Rosedale Route (CATA Route #14) runs along Colonel Glenn Road adjacent to this site. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial (C) for this property. The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a revision to an existing PCD (Planned Commercial District) to allow for two (2) additional retail bays and the convenience store on the site. Master Street Plan: Colonel Glenn Road is a Principal Arterial and John Barrow Road is a Minor Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects on traffic and pedestrians on both Colonel Glenn and John Barrow Roads since they are both Arterials. These streets may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along both Colonel Glenn and John Barrow Roads. Bike lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 5 2. The property has an approved landscape plan. The development must comply with this approved plan. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented an overview of the development. Staff stated the site was currently operating under an expired certificate of occupancy and stated there was an approved landscape and site plan for the development. Staff stated the current request would not change the approved site plan but would allow the existing building to be split into three (3) bays, one (1) for the convenience store and the other two (2) as lease spaces. Staff requested the applicant provide details of the proposed uses for the two (2) additional bays. Staff stated the dumpster along the northern perimeter of the site had been placed within the required land use buffer. Staff requested the applicant dimension the setback from the property line. The applicant stated the pad was four feet six inches (6’4”) from the property line. Public Works comments were addressed. Staff stated a number of the comments were brought up with the original request including the narrowing of the drive on John Barrow Road and the required street improvements to the abutting streets. Staff stated the western most drive on Colonel Glenn Road should be removed to comply with the driveway spacing requirement of City ordinances. Staff noted any private improvements located within the right of way would require a franchise agreement with the City. Landscaping comments were addressed. Staff noted the comments provided were from the original approval and were a part of the approved landscape plan. Staff requested the applicant install the buffers and screening as shown on the approved plan. Staff noted the request would not be forwarded to the Little Rock Board of Directors for final action until the improvements necessary to complete the existing project had been finished. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the May 31, 2012, Subdivision Committee meeting. The revised plan has indicated the closure of one of the drives on Colonel Glenn Road and the narrowing of the drive on John Barrow Road to 36-feet. The revised plan also includes the placement of a seven (7) foot landscape strip between the drive openings on John Barrow Road and Colonel Glenn Road. The applicant has June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 6 indicated landscape improvements and the screening fence will be installed per the existing approved plan. The proposal is an amendment to the previously approved PCD to add two (2) additional bays within the existing building. The building was constructed as a 50-foot by 100-foot metal building with a convenience store in the western most portion of the building. There were two (2) additional retail bays roughed out during construction. The applicant is proposing to amend the PCD to allow these two (2) additional bays to be lease space for retail uses. The applicant has indicated the current proposed uses are a take-out restaurant and a telephone store. The convenience store with gas pumps will occupy the third bay. The proposal includes the placement of wall signage on the two (2) new retail spaces in addition to wall signage on the convenience store bay facing Colonel Glenn Road. The sign area will not exceed the signage typically allowed per the commercial district for building (wall) signage. The building signage proposed is five (5) feet by five (5) feet or 25 square feet in area for each lease space. There is an existing wall sign identifying the convenience store on John Barrow Road. No new wall signage is proposed on John Barrow Road. There is an existing ground sign located at the intersection of John Barrow Road and Colonel Glenn Road which additional panels will be added to identify the new retail users. The maximum sign height proposed is thirty-six (36) feet and the maximum sign area is one hundred sixty (160) square feet. To determine the parking typically required for this type development there are two (2) classifications needed for review. The parking for convenience-type grocery store is four (4) spaces plus one (1) space for each three hundred (300) square feet of gross floor area, exclusive of storage area and for general business and retail sales one (1) space per three hundred (300) gross square feet of floor area up to 10,000 square feet. The convenience store would typically require eleven (11) parking spaces and the retail sales would typically require nine (9) parking spaces for a total of twenty (20) spaces. The site plan includes fourteen (14) parking spaces and six (6) fueling stations. The parking indicated is adequate to serve the development. The request includes a revision to the previously approved site plan to allow the dumpster to be located within the northern land use buffer. The dumpster pad was placed four feet six inches (4’6”) from the northern property line. The buffer along the northern perimeter should be a minimum of nine (9) feet. Staff is supportive of the dumpster has currently located. With the exception of the dumpster encroachment the remainder of the buffer along this perimeter is fourteen (14) feet. June 21, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8236-A 7 Staff is supportive of the requested amendment to the PCD to add two (2) additional retail bays within the existing building for a telephone store and take-out restaurant. The convenience store is currently operating under a temporary certificate of occupancy. The owner must continue to complete the improvements required to obtain the site’s permanent certificate of occupancy prior to the item being placed on the agenda of the Little Rock Board of Directors for consideration and final action. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the amendment to the PCD to add the additional uses will significantly impact the development. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 8 FILE NO.: Z-8775 NAME: The Castle on Stagecoach Short-form PD-C LOCATION: Located at 6601 Stagecoach Road DEVELOPER: The Castle on Stagecoach LLC Walter Rognrud and Kevin Blazer 6601 Stagecoach Road Little Rock, AR 72204 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 9.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Single-family and Special events center VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-2, Single-family to Planned Development Commercial (PD-C) to allow a portion of the applicant’s property to be used for outdoor venues. The applicant indicates the site will be available for outdoor venues such as, weddings, company parties, corporate events, picnics, birthday parties, etc. The cover letter states although the property contains approximately 80 acres, the area to be used for the outdoor venues is an area containing 9.5 acres located behind the house (the Castle) between the pond and the out-buildings of the Castle. No new construction is proposed with the rezoning request. June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 2 The outdoor venues will potentially use tents for shelter in case of rain. The tents will be rented from local businesses and set up on the day of the venue and promptly removed after the event is over. Entertainment such as, small bands, DJ music will be allowed during the outdoor venues. The applicant does not foresee any disturbance caused by noise to their neighbors based on the distance the homes are from the portion of the property being used for the outdoor venues. For the venues, portables restroom facilities will be brought to the site. Food and beverages will be provided by catering companies who will deliver food to the property. Trash will be removed by the clients, various vendors or the Castle property owners depending on the amount of trash generated by the venue. The applicant has indicated they have become a Community Partner with Dodd Elementary and look forward working with several events coming up for the school. In exchange, the School has given the Castle LLC permission and access to their parking lot for patrons to park for venues at the Castle property. According to the applicant traffic should not be a problem, since most events are held on the weekends. The Dodd Elementary School parking area is located where guest can easily access the Castle property. Emergency vehicle access may be reached by one (1) of three (3) gates. The gates are located at the main entrance to the Castle at 6601 Stagecoach Road or there are two (2) gates at the end of E. David O. Dodd Road. B. EXISTING CONDITIONS: Dodd Elementary School is located to the east and there are non-residential uses located to the north across Stagecoach Road on Brodie Lane. The remainder of the area is primarily single-family. North of the site on David O Dodd Road are two (2) new single-family subdivisions with one, Woodridge Estates, appearing to be fully developed. The Waters Edge Subdivision was approved with multiple phases and has not fully developed. Greenwood Acres is also a developing single-family subdivision located to the north bounded by Stagecoach, Lanehart, Herndon and McPherson Roads. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, the Stagecoach Dodd Neighborhood Association and Southwest Little Rock United for Progress were notified of the application request. June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Stagecoach Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. If future site development occurs, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Stagecoach Road including 5-foot sidewalk with any future development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 10-foot easement, 5-feet on either side of the existing Entergy facility is required. Contact Entergy at 954-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 4 377-1226 if you would like to discuss backflow prevention requirements for this project. A short water main extension may be needed to provide water service to this property. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet around the site. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street West Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDC (Planned District Commercial) to allow for outdoor venues on this site along with the continued single-family use. Master Street Plan: Stagecoach Road is a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along Stagecoach Road. Bike lanes provide a portion of the pavement for the sole use of bicycles. June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented an overview of the item stating there were a number of questions in need of answering before the item was presented to the full Commission for final action. Staff questioned if outdoor music would be utilized and if music would be played staff requested the applicant provide a plan indicating the placement of speakers and the stage. Staff questioned the days and hours the events would occur. Staff stated the cover letter indicated the applicant had an agreement with the David O Dodd Elementary School for use of their parking lot. Staff requested the applicant provide a copy of the agreement with the Subdivision Committee responses. Staff also questioned the types of events that would be held. Public Works comments were addressed. Staff stated a right of way dedication 55-feet from centerline would be required to comply with the City’s Master Street Plan. Staff stated if the bridge was located within the dedication area the dedication would go around the bridge. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the May 31, 2012, Subdivision Committee meeting. The applicant has provided a written agreement from Dodd Elementary School for use of their parking lot for outdoor venues held on the Castle property. The applicant has also provided a plan indicating the stage placement and the direction of speakers. The applicant has indicated the venues will be held Monday through Sunday and end by 11 pm. The typical time frame for the each venue is four (4) to six (6) hours. The revised cover letter states there are 90 marked parking spaces within the parking lots of the David O Dodd Elementary School. Parking on the Castle property is also available within a grassed field which will provide an additional 40 parking spaces. No new permanent site lighting will be located on the site. All lighting for events will be directional, directed downward and into the site to not cause an overspill onto adjacent properties. June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 6 The applicant has indicated no new fencing will be installed around the site. There is existing fencing located on the southern perimeter. There will not be any permanent signage placed on the site. The applicant has not requested the approval be non-transferable to future owners of the property or the business owners. Staff recommends if approved the use of the site for outdoor venues be limited to the ownership of the Castle on Stagecoach, LLC and not be transferable. The City’s Zoning Ordinance defines an events center as any privately owned property, building or portion of a building, the primary purposes of which is to be rented or leased for parties, entertainment functions, conventions, conferences, seminars, assemblies or meetings. The definition does not include facilities such as banquet halls or meeting facilities which are ancillary uses to a permitted use. The development standards and review standards for event centers are within the Conditional Use Permit Division or the Zoning Ordinance. The ordinance states the Planning Commission must review the separation of the facilities to limit the impact on the neighborhood. The ordinance states an event center shall not be located within 750 feet of the following: a church, a sexually-oriented business as defined by Chapter 17 of the Code of Ordinances, a public or private elementary, secondary or post-secondary school, a daycare center or any facility that operates programs for children or youth, any single-family or multi-family residential use, except a hotel or motel or residential use that is within a unified development that contains both the event center and the residential use. The measurement is to be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as an event center to the nearest property line of any of the above uses. At the time of this writing staff is waiting on an opinion by the City Attorney’s office concerning the recently adopted regulations for event centers and their possible impact on this PD-C rezoning request. I. STAFF RECOMMENDATION: Staff recommendation forthcoming. June 21, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8775 7 PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the August 2, 2012, public hearing to allow staff additional time to review the zoning ordinance with regard to the placement of special events centers. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. June 21, 2012 ITEM NO.: 9 FILE NO.: LA-0045 NAME: BFI Landfill Advance Grading Variance Request LOCATION: South of Asher Ave. & West of Mabelvale Pike APPLICANT: Coleman Family, LLC APPLICANT’S REPRESENTATIVE: Republic Services, Inc. AREA: Approximately 27 acres CURRENT ZONING: R-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to excavate soil to provide final cover on the BFI Landfill. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by excavating approximately 190,000 cubic yards of suitable fill material from the Coleman Family property to provide the final cover on the BFI Landfill on Mabelvale Pike. The variance would allow staff to issue a grading permit for approximately 27 aces to be advance graded without imminent construction. The 27 acre area will be excavated from approximately 5 feet deep on the north end to approximately 10 feet on the south end near Fourche Creek at a 0.5% slope. The material will be trucked by way of Asher Avenue and Mabelvale Pike to the BFI Landfill. The excavated area will drain after each rainfall into Fourche Creek. Construction period is proposed to occur from June 2012 to December 2012. Working hours are planned to be 6 a.m. to 8 p.m. Monday through Sunday. B. EXISTING CONDITIONS: The area to be excavated is located approximately 2,100 feet south of Asher Avenue.; 1,300 feet west of Mabelvale Pike; and 1,300 feet east of University Avenue. The area is located within the Fourche Creek regulated floodway where development is not allowed by City code. The property is currently zoned R-2. North of the excavation area is the UALR sports complex and the Coleman Place apartments. These properties are zoned R-2 and PDR, respectively. Northwest of the excavation area are properties zoned C-3 and C-4 at the intersection of Asher Avenue and University Avenue. East of the excavation area are wetlands which are also owned by the Coleman Family LLC. These wetlands extend to Mabelvale Pike. Across Mabelvale Pike to the east is the BFI Landfill. Northeast of the excavation area are properties zoned I-2, O-1, and R-3. June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 2 South of the property is Fourche Creek. Across Fourche Creek to the south is an undeveloped floodway property consisting of approximately 65 acres zoned R-2. West of the excavation area is Rock Creek. Across Rock Creek to the west is an undeveloped floodway property consisting of approximately 10 acres zoned R-2. Beyond this property to the west is the Rock Center zoned C-3 with car sales. Just to the north of the Rock Center is McDonalds zoned PCD and other C-3 zoned property. C. NEIGHBORHOOD COMMENTS: The variance request was presented to Southwest Little Rock United for Progress (SWLRUP) at their meeting on June 4, 2012. Staff mailed certified notices of the request to SWLRUP, the University District, the South of Asher Neighborhood Association, and the Geyer Springs Neighborhood Association. Notification has also been made to UALR. As of the time of writing, staff has received several telephone calls and emails desiring more information and applicant contact information. None of the communications were specifically against the request but one email requested all the dump trucks to be covered to reduce debris and dust being deposited on City streets and State highways. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. The cost will be $660. 2. A Special Flood Hazard Areas Development Permit will be required per Section 8-283 prior to construction. 3. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. Stopping traffic on Asher Avenue is not recommended. Trucks need to use the available center turn lane and make turns when gaps are available. 6. Proposed work hours are not allowed per City code. Per Chapter 8 construction work hours are Monday – Friday 6 am to 6 pm; Saturday 7 am to 6 pm; and Sunday 1 pm to 6 pm. Contact Planning Department, Building Codes Chuck Givens at 371-4828 about requests for special working hours. June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 3 7. At the completion of the grading and excavation project, the access to the Coleman property should be gated and secured with fencing along the Asher Avenue frontage. 8. Hauling of fill material on or off site over municipal streets and roads requires approval and issuance of a haul permit prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Vegetation must be established on disturbed area within 21 days of completion of grading activities where construction is not imminent. 11. Erosion controls must be installed to reduce discharge of polluted stormwater. 12. The location of vehicle tracking pads has been located. A tracking pad must be constructed per Little Rock Code Section 29-190(12). This tracking pad should be maintained during construction activities. 13. Asher Avenue and Mabelvale Pike should be swept and vacuumed as often as needed to reduce the amount of sediment deposited on public streets and highways. 14. The side slopes of the excavation must be exceed 3:1 slope. 15. Who is responsible for maintenance of the excavated area at the completion of the project? 16. All fill material placed in the floodway during construction must be removed at the completion of the excavation project. 17. A minimum strip 25 feet wide, undisturbed except for reasonable access, shall be provided along each side of streams having a 10 year storm of greater than 150 cfs. The 25 foot strip is measured from the top of bank. E. LANDSCAPE COMMENTS: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Recommend a one-hundred (100) feet wide landscape buffer between the graded area and any/all waterways. June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 4 F. SUBDIVISION COMMITTEE: Republic Services staff and Terracon Engineering, Republic’s engineering contractor, were present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade approximately 27 acres of the Coleman Family LLC property to excavate fill material to provide final cover on the BFI Landfill. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is requesting a variance from the Planning Commission for the issuance of a grading permit to excavate soil with construction not imminent following the completion of excavation. The applicant originally proposed to excavate approximately 300,000 cubic yards of fill material. Based on approval from the Arkansas Department of Environmental Quality, a GCL liner was allowed to be used reducing the total depth of required cover material. This will result in a reduction to approximately 190,000 cubic yards needed to be excavated from the Coleman Family LLC property. Advanced grading will occur on approximately 27 acres of the Coleman Family LLC property. The excavated area is oddly shaped to avoid wetlands, utility easements, and utility right-of-ways. The excavated area will be 5 feet deep on the north end and 10 feet deep on the south end. The excavated area will be graded to a 0.5% slope towards Fourche Creek located to the south. The side slopes of the excavated area will be 3:1 or flatter with the north end constructed for vehicle and equipment access. The excavated area will drain directly into Fourche Creek by the construction of an earthen channel. Water will not pond within the excavated area except at times when Fourche Creek is above the top of bank. At the completion of the excavation, top soil is proposed to be spread across the excavated area and vegetation established with the appropriate grass mixture. Vegetation is required to be established within 21 days of completion of excavation activities. A temporary irrigation system maybe needed to be installed to establish vegetation dependent on weather conditions. Excavation and hauling is planned to begin at the end of June, 2012 and conclude at the end of December, 2012. The daily work schedule is 6:00 a.m. to 8:00 p.m. Monday thru Sunday. These extended work hours will require a special work permit to be issued weekly by the Planning Department, Building Codes. At anytime during the excavation period, permits can be revoked or no longer issued for extended work hours. Staff estimates approximately 13,000 loads of excavated soil will delivered to the BFI Landfill. The construction access is proposed to be located on the south side of Asher Avenue between the Coleman Place Apartments driveway and Coleman Creek. A tracking pad is proposed to be installed at this location in June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 5 compliance with Little Rock Code Section 29-190(12). Maintenance of the tracking pad is required to be performed as often as needed or as required by staff and AHTD personnel to reduce the amount of sediment deposited on public streets and highways. All loads are required to be covered or tarped to reduce sediment and dust from being blown from dump trucks. All streets and roads are required to be swept and vacuumed as often as needed or as required by staff and AHTD personnel to reduce the amount of sediment deposited on public streets and highways. If tracking on streets becomes a problem as determined by staff, a stop work order can be issued until tracking issues are resolved. The proposed excavation area is located within the Fourche Creek floodway. At the completion of excavation, the applicant states approximately 30 million gallons of dry flood storage will be provided. Per City code, fill is not allowed to be permanently placed within the floodway. The applicant proposes to temporarily place fill within the floodway for construction of a haul road. Prior to the completion of the project, all fill material placed within the floodway including the haul road is required to be removed out of the floodway. Currently, the applicant’s property has illegal dumping occurring on it. Along with removing all fill material and establishing vegetation, the applicant has proposed to remove all waste material illegally dumped on site and install a fence and gate along the Asher Avenue frontage of the property or any other allowed obstruction to prevent access by unauthorized individuals. After the completion of the excavation and establishment of vegetation; the applicant, Coleman Family LLC, will be responsible to maintain vegetative cover, erosion controls, and assure the excavated area does not pond water due to obstructions of the outfall. City code requires a 25 foot buffer to remain measured from the top of bank of Fourche Creek. The applicant proposes to maintain a 50 foot undisturbed buffer along Fourche Creek with exception of the spillway/outfall ditch structure from the excavated area. A traffic control plan has been submitted to staff for review and approval. A haul permit is required to be obtained from Traffic Engineering. Approval of the traffic control plan is also required from the Arkansas Highway and Transportation Department (AHTD). All traffic control and hauling permits are required to be obtained prior to the first load delivered to the landfill. Per City code, damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to completion of the project. Prior to the start of hauling, staff will video Asher Avenue and Mabelvale Pike to record the condition of the streets. Prior to the final completion of the work, staff will conduct another inspection of the street conditions and work with the applicant on needed repairs. This property was identified by the U.S. Corps of Engineers as flood storage acreage to be purchased by the City of Little Rock as part of the Fourche Creek Channelization Project. Following purchase, this property would evolve into City June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 6 park lands. Staff is currently reviewing the agreement with the U.S. Corps of Engineers and the possibility of this property becoming park land in the future. If so, the proposed excavation project could create issues with this property becoming a City park. H. RECOMMENDATION: At the time of writing, staff is still conducting a review of this request for variance to provide a recommendation to the Planning Commission. As mentioned above, issues are still being discussed about the property maybe becoming park lands in the future and effects of the proposed excavation on those park lands. Staff expects a decision to be finalized and a recommendation to be provided at the time of the Planning Commission hearing. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D and E of the agenda staff report. Staff stated the recommendation of approval was based on the following conditions: 1. A water truck must be kept at the site to control dust from becoming airborne as needed or requested by staff. Additional dust control measures may be required if watering is not sufficient or creates other issues; 2. The side slopes of the excavation are to be flattened to a slope of 5:1. Some areas of the excavation can be sloped to a maximum slope of 3:1 if needed for additional dirt or to reduce excavation on the northern portion of the excavation area; 3. Excavation should begin on the south and proceed to the north. If needed fill material volumes have been met, excavation on the northern portion of the excavation area should be reduced; 4. All dumptruck loads must be tarped or covered prior to traveling on City or AHTD streets; 5. All erosion and stabilization controls, including permanent vegetation, mowing, slopes, debris, and drainage channel should be maintained by BFI for a period of 2 years following completion of site grading and excavation. Periodic mowing, generally twice per year or more often if required by the City of Little Rock or Ordinances shall be provided to encourage perennial grass growth; June 21, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LA-0045 7 6. A surety bond for a period of 2 years is required to be provided to the City of Little Rock for 50% of the cost of maintaining erosion controls, slopes, debris cleanup, drainage channel blockage, and mowing for a 2 year period generally 2 times per year. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. Q W LU W Q z C7 C.] Z z �n e 1� VA a C3 rA dJ n LU .J . ' \s �4 V j M � W LLJ m <uO� =) m uJ U C U F C LL cr > Lli Li F- z =D LL LL z - Q QL s >-:Q J W CL U � w co 0 D (D _ C w 2- J 0>4 m m 0 m m¢ z C] J Cl) [:� w Z=> z a_ CL z =cl� 0 Q LU m m U d U- LL LL ©= CL Of .J v� 47 C Q Q C7] C LJJ cry C� LU C/D m F— w Clo m T LU z LJJ W LLJ m <uO� =) m uJ U C U F C LL cr > Lli Li F- z =D LL LL z - Q QL s >-:Q J W CL U � v� 47 C Q Q C7] C LJJ cry C� LU C/D m F— w Clo m T LU z LJJ Jane 21, 2012 There being no farther business before the Commission, the meeting was adjourned at 4:31 p,m, Date Chairman Secretary